Apple and Samsung told to settle by judge

Apple and Samsung should consider resolving their differences outside the courtroom, according to the judge in their ongoing patent court case.

Lucy Koh recommended that the company's chief executives talk on the phone in a last-ditch attempt to reach an amicable conclusion, as both sides are running out of time to put forward their arguments.

The case centres around a claim by Apple that Samsung copied the design of its iPad for its own Galaxy Tab 10.1. Samsung denies this, and has hit back with claims that it was in fact Apple that had infringed patents.

Each company was allocated 25 hours in which to make its case and cross-examine witnesses. So far Apple has used up 18 of these hours, while Samsung has spent 22 and a half.

This could mean that Apple has the upper hand going into any potential negotiation, as Samsung does not have as much time to present the rest of its case.

Previous mediation unsuccessful

Also potentially working in Apple's favour is an email supposedly sent to Samsung by Google, in which they warn the South Korean company that an early design for its tablet was too much like the iPad.

Samsung designer Jin Soo Kim asserted in court that he had never seen this correspondence, which was sent in February 2010.

The pair had already attempt to end the row before the case came to trial, but a meeting between Apple chief executive Tim Cook and Samsung vice chairman Choi Gee-Sung and mobile chief Shin Jyong-Kyun ended with the companies still disagreeing on patent values.

If a settlement is not forthcoming at this stage it will be up to the jury to decide on the case, in which Apple is seeking a sales ban on Samsung products and billions of dollars in damages.

Tom Glass, creative director at theEword, said: "While the judge's request seems sensible enough, it looks as though Apple and Samsung are determined to take this to the bitter end. It is anyone's guess what the jury's verdict will be, but either way it is likely to be front page news."